From the category archives:

Quote of the Week

In this article, … [w]e argued that incompetence … not only causes poor performance but also the inability to recognize that one’s performance is poor. Indeed, across the four studies, participants in the bottom quartile not only overestimated themselves, but thought they were above-average…. In a phrase, Thomas Gray was right: Ignorance is bliss—at least when it comes to assessments of one’s own ability.

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In sum, we present this article as an exploration into why people tend to hold overly optimistic and miscalibrated views about themselves. We propose that those with limited knowledge in a domain suffer a dual burden: Not only do they reach mistaken conclusions and make regrettable errors, but their incompetence robs them of the ability to realize it.

Justin Kruger and David Dunning, Unskilled and Unaware of It: How Difficulties in Recognizing One’s Own Incompetence Lead to Inflated Self-Assessments, 77 Journal of Personality and Social Psychology, 1121-1134, at 1130-31, 1132 (1999)

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The Hon. Harold R. Medina Sr., from Life Magazine

“[T]he qualities that are most valuable in any profession are the ones which cannot be bought at any price; and they are plain ordinary guts and loyalty. We have heard so much loose talk about loyalty in the past few years [late 1940s/early 1950s] that the ordinary garden variety seems to have been forgotten. I mean that loyalty to one’s college, to one’s friends, to one’s family, to one’s religion; the kind that builds from teh ground up and makes loyalty to one’s country inevitable and adamantine. … [Success at the bar and in life depends] upon a combination of unswerving, unselfish loyalty on the one hand and that sturdy tenacity and doggedness which everyone recognizes in that colloquial expression ‘guts.’”

Judge Medina Speaks (Matthew Bender & Co. 1954) (M. Virtue, ed.) at 168. Judge Medina graduated Columbia Law School in 1912. He was appointed to the United States District Court for the Southern District of New York in 1947, and to the United States Court of Appeals for the Second Circuit (succeeding Learned Hand) in 1953. He served until 1980 — at 92, the oldest member of the federal bench. He died in 1990 at the age of 102.

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Alfred Adler – Meanings

April 30, 2010

“Human beings live in the realm of meanings. We do not experience pure circumstances; we always experience circumstances in their significance for men. Even at its source our experience is qualified by our human purposes. …. [N]o human being can escape meanings. We experience reality always through the meaning we give it; not in itself, [...]

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George Orwell – Politics and the English Language

April 20, 2010

A scrupulous writer, in every sentence that he writes, will ask himself at least four questions, thus: What am I trying to say? What words will express it? What image or idiom will make it clearer? Is this image fresh enough to have an effect? And he will probably ask himself two more: Could I [...]

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Legal Formalism – Paul Tillich, Systematic Theology

April 7, 2010

“Formalism in the realm of legal reason places exclusive emphasis on the structural necessities of justice without asking the question of the adequacy of the legal form to the human reality which it is supposed to shape. The tragic alienation between law and life which is a subject of complaint in all periods is not [...]

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The Sunk Cost Fallacy in Poker

March 17, 2010

David Slansky, the son of a math professor and himself a former math major and actuary, explains that the money you have already contributed to the pot is of no consequence: “In truth, it is no longer yours. The moment you place your $1 ante in the pot, it belongs to the pot, not to [...]

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Good legal arguments are syllogistic

March 2, 2010

[E]very good legal argument is cast in the form of a syllogism.
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Common wisdom has it that legal reasoning proceeds by analogy. this maxim is true in an important way, but it is nevertheless a misleading way to look at legal argument, and is probably responsible for many a poorly crafted and confusing argument.
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The analogies between [...]

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Oliver Wendell Holmes Jr. – The Organic Constitution

February 19, 2010

[W] hen we are dealing with words that also are a constituent act, like the Constitution of the United States, we must realize that they have called into life a being the development of which could not have been foreseen completely by the most gifted of its begetters. It was enough for them to realize [...]

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Hugo Black – Constitutional Interpretation as a Product of the Times

February 12, 2010

“[Black] would not admit that the child-labor decision [invalidating child-labor restrictions] was final. Instead, he said: ‘The Constitution is final,’ for six new members had come into the Court since 1918, and ‘no doctrine of stare decisis applies to opinions on constitutional interpretation.’ He expressed his basic conviction that constitutional interpretation was a product of [...]

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Drowning Out Individual Speech – The appalling Citizens United decision – Ronald Dworkin

February 4, 2010

[F]ive right wing Supreme Court judges [in Citizens United v. Federal Election Commission] have now guaranteed that big corporations can spend unlimited funds on political advertising in any political election. In an opinion written by Justice Anthony Kennedy and joined by Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia, and Clarence Thomas, the [...]

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